Limitations of Rules

November 15, 2013

Those who make rules ought to have knowledge of the limitations of rules, lest they overreach and over-regulate.

Dov Seidman writes in how:  Why HOW We Do Anything Means Everything:  “Rules fail because you cannot write a rule to contain every possible behavior in the vast spectrum of human conduct. There will always be gray areas, and therefore, given the right circumstances, opportunities, or outside pressures, some people might be motivated to circumvent them. When they do, our typical response is just to make more rules. Rules, then, become part of the problem.”

The NCAA is under constant criticism for its voluminous rule book which seems to pry into myriad of daily activities of athletes, coaches, boosters and others with so many rules it’s impossible for people to know them all. So university athletic departments must hire compliance officers to guide people – effectively absolving the people in the trenches from knowing the rules and committing to their adherence; and the NCAA office must hire investigations to sort through all the allegations of wrongdoing.

While much trimmer than the NCAA Manual, the MHSAA Handbook is much larger today than its original versions. Still, every year in December when the MHSAA staff conducts a series of meetings that kicks off a six-month process of reviewing theHandbook, there is a concerted effort to “make the rules better without making the rule book larger.”

We know that unless the rules address a specific problem and are written with clarity and enforced with certainty, rules do more harm than they do good. “This,” according to Seidman, “creates a downward spiral of rulemaking which causes lasting detriment to the trust we need to sustain society. With each successive failure of rules, our faith in the very ability of rules to govern human conduct decreases. Rules, the principal arm of the way we govern ourselves, lose their power, destroying our trust in both those who make them and the institutions they govern.”

Shortcomings

April 1, 2014

A student was badly hurt in an Ice Hockey Regional Tournament game last season. A split second after dropping the puck to a teammate, and still looking in that direction, this player received the shoulder of an opposing player just seconds after coming on the ice as a legal substitute. The hit did not appear to target the head, nor seem excessively aggressive; but it was delivered to an unsuspecting and exposed player.

No penalty was called; but when the veteran and highly rated official saw video of the play, he didn’t hesitate to say, “I missed it. A penalty should have been called.”

There were other shortcomings in the delivery of this tournament experience that we regret, including that the game was managed in more partisan fashion than the MHSAA prescribes and that the on-call ambulance was slow to arrive on scene.

Within the leadership of the schools involved there has been a sense of understanding that there can be injuries in sports, especially collision sports; and that sometimes they occur on legal plays and sometimes occur during illegal plays that were not penalized.

In these circumstances, the MHSAA does not seek the punishments that a few incensed adults call for. Rather than looking backward at retribution, the MHSAA’s legal role and moral responsibility requires a more forward look toward remedies. 

For example:

  • How can we use this excellent official’s “no-call” as a teachable moment for other officials on a subject that is already a point of special emphasis in the NFHS Ice Hockey Rules?
  • How can we use this situation as a teachable moment in preparation of coaches and players?
  • How can we use this situation to improve the environment at this and all other Ice Hockey Tournament venues?

We know with certainty that both the content and the delivery of our online and face-to-face communications for 2014-15 will be affected by this very uncommon and unacceptable experience.